Sample Cooperative Confidentiality Negotiation Settlement Agreement - Free Download
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Sample Cooperative Confidentiality Negotiation Settlement Agreement
Sample Cooperative Confidentiality Negotiation Settlement Agreement
COOPERATIVE NEGOTIATION AGREEMENT FOR BUSINESS AND EMPLOYMENT CASES
AGREEMENT made by and between ___________ and ______________ (collectively, the
“Parties”).
PREMISES
The following sets forth the background of this Agreement:
A. A dispute has arisen between ____________ and _____________ concerning
____________________ (the “Dispute”).
B. The Parties wish to resolve the Dispute and any other claims or potential claims which either
Party has or may have against the other cooperatively and without resort to litigation, and they have entered
into this Agreement for that purpose.
AGREEMENTS
NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement and
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
parties hereto agree as follows:
1. Information Exchange. The Parties agree to disclose relevant information and data
regarding the matters in dispute. In addition, the Parties agree to give complete and timely responses to all
requests for documents and other information relevant to the resolution of the Dispute.
2. Good-Faith, Interest-Based Negotiation. The Parties understand that the process will
involve vigorous good-faith negotiation, in which each Party will be represented solely by his/her/its own
attorney. Each Party will be expected to take reasoned positions in all disputes. The Parties and counsel
agree to treat each other with respect and to address the Parties’ underlying interests and explore options for
serving those interests.
3. Confidentiality. All communications exchanged pursuant to this Agreement between or
among the Parties and their attorneys will be confidential and without prejudice. The Parties agree that, if
subsequent litigation occurs:
a. No Party will introduce as evidence in Court information disclosed in connection with
this Agreement, except documents otherwise discoverable under applicable law.
b. No Party will disclose to the Court any settlement offers, or responses to settlement
offers, made pursuant to this Agreement.
c. No Party will ask or subpoena either lawyer or any of the experts, appraisers, or
consultants used in connection with this Agreement to testify in any court proceedings with regard to
matters disclosed pursuant to this Agreement.
d. No Party will seek the production at any Court proceedings of any notes, records, or
documents in the lawyer’s possession or in the possession of one of the consultants, except
documents otherwise discoverable under applicable law.
The Parties agree that these provisions regarding confidentiality shall apply to any subsequent litigation,
arbitration, or other process for dispute resolution.
4. Temporary Agreements Enforceability. If the Parties reach a temporary agreement on
any matter pursuant to this Agreement, the agreement will be put in writing and signed by the Parties and
counsel, and shall be enforceable and may be presented to the Court as a basis for an order, which the
Court may make retroactive to the date of the written agreement.
5. Experts and Consultants. In selecting consultants pursuant to this Agreement, the Parties
will consider retaining joint experts and consultants. In the event that either Party chooses to retain a
separate expert, the experts shall nevertheless be directed to adhere to the letter and spirit of this
Agreement.
6. Abuse of the Process. Counsel shall promptly withdraw from the case if s/he learns that
his/her client has withheld information material to the resolution of the dispute or otherwise acted so as to
take unfair advantage of the process set forth in this Agreement.
7. Withdrawal of Counsel. If a lawyer decides to withdraw from the case for any reason, s/he
shall provide prompt written notice of withdrawal to all Parties and their lawyers. This may be done without
terminating this Agreement. The Party losing his/her lawyer may retain a new lawyer who will agree in
writing to be bound by this Agreement, or may continue in the Collaborative Law process without an attorney.
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